President Joe Biden declared on Friday that he is granting a federal pardon to every individual in the United States who has used marijuana, encompassing those who have never faced arrest or prosecution.
This comprehensive pardon extends to all U.S. citizens and lawful permanent residents who possess marijuana for personal use and those convicted of comparable federal offenses. It also encompasses marijuana users in the District of Columbia. However, it does not apply to individuals imprisoned for selling the drug, an act that remains illegal under federal law, or for other marijuana-related offenses such as driving under the influence of an illegal substance.
Biden’s pardon carries substantial implications, particularly as criminal records linked to marijuana use and possession have been major obstacles to employment, housing, and educational opportunities. Notably, the pardon does not extend to those who violated state laws, and individuals seeking proof of a pardon must apply through the Department of Justice.
This announcement follows a similar pardon issued by Biden last year, coupled with assurances of forthcoming reforms. The recent proclamation is more far-reaching as it forgives all instances of simple marijuana use or possession under federal law, including cases where individuals were never charged. Additionally, it expands Biden’s previous directive to include minor marijuana offenses committed on federal property.
The White House estimates that thousands of people with federal and district convictions will be eligible for these pardons, which were unveiled just three days before the Christmas holiday.
In a statement, President Biden emphasized that Americans should not be incarcerated solely for using or possessing marijuana. He called upon governors to pardon state offenses, highlighting how criminal records related to marijuana have needlessly impeded individuals’ opportunities in employment, housing, and education.
Furthermore, Biden commuted the sentences of 11 individuals serving disproportionately long sentences for nonviolent drug offenses. These individuals would have received lesser sentences under current standards. The Congressional Black Caucus praised these pardons as a positive step in addressing long-standing racial disparities in crack and powder cocaine sentencing, which disproportionately affected Black Americans.
The American Civil Liberties Union (ACLU) also lauded Biden’s actions, stating that they send a strong message about the power of redemption and contribute to rectifying past injustices. However, the ACLU emphasized the need for Congress to modify laws to prevent future Justice Department administrations from overturning Biden’s directive against pursuing higher sentences for crack offenses.
Marijuana users seeking to participate in Biden’s program must follow an application process outlined by the Department of Justice to receive a certificate confirming their pardon under the president’s broader order. This certificate may be required as proof of clemency for employment or housing applications.
Biden’s proclamation directs the attorney general to review all properly submitted applications for certificates of pardon and issue such certificates to eligible applicants in due course. The Biden administration had previously recommended that the Drug Enforcement Administration (DEA) reclassify marijuana to a lower offense.
Public opinion on marijuana legalization has seen a notable shift, with a record 70% of Americans supporting it, according to an October Gallup survey. Legal recreational marijuana use is currently permitted in 24 states and the District of Columbia, while medical marijuana is legal in 38 states. This move aligns with evolving attitudes toward marijuana use, with bipartisan support for legalization evident among the American populace.